Moncrief v. California Department of Corrections and Rehabiliation et al

Filing 73

ORDER signed by Magistrate Judge Allison Claire on 10/06/15 ordering ( Dispositive Motions filed by 1/6/2016, and noticed to be heard no later than 02/03/16. Jury Trial remains scheduled for 8/1/2016 at 09:00 AM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr. with pretrial deadlines as set forth in the 2/04/15 minute order 56 ) (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN PHILIP MONCRIEF,

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No. 2:12-cv-0414 MCE AC P

Plaintiff,
v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding through counsel with a civil rights action pursuant
to 42 U.S.C. § 1983.
On March 19, 2014, the court heard arguments on defendants’ motion to dismiss the

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second amended complaint and conducted a case management conference. ECF No. 40. During

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the case management conference, the court expressed concern over the previous management of

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the case as if it had been brought by an inmate in pro per, and the resulting lack of disclosures and

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discovery that had taken place up to that date. ECF No. 42 at 3-4. The parties were instructed to

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“meet and confer, develop a discovery plan, propose a schedule for the litigation, and begin

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discovery expeditiously and with a focus on the actions and identities of the putative Doe

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defendants.” Id. at 4.

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Upon adoption of the findings and recommendations, a scheduling order was issued. ECF
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No. 46. The deadline for filing a motion to amend the complaint and proposed amended

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complaint was set for June 20, 2014, with non-expert fact discovery concluding on January 14,

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2015. Id. Expert discovery was to conclude by March 25, 2015, and dispositive motions filed by

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April 29, 2015. Id. Plaintiff requested and received several extensions of time to file a third

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amended complaint which substituted named defendants for Doe defendants and the amended

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complaint was ultimately filed on January 15, 2015. ECF No. 55. On February 19, 2015,

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defendants filed an answer and a motion to partially dismiss the amended complaint for failure to

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state a claim. ECF No. 62. On September 1, 2015, the District Judge filed an order adopting the

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findings and recommendations granting the motion to dismiss in part. ECF No. 72. Now that

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discovery has closed and the scope of the third amended complaint has been narrowed, the court

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will re-set the dispositive motion deadline.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The parties may file dispositive motions no later than January 6, 2016, and noticed to

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be heard no later than February 3, 2016.
2. Trial in this matter remains scheduled for August 1, 2016, at 9:00 a.m. in courtroom 7

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before the Honorable Morrison C. England, Jr., with pretrial deadlines as set forth in the February

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4, 2015 minute order (ECF No. 56).

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DATED: October 6, 2015

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